Page No.# 1/5 GAHC010092772026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2533/2026 SMTI NILIMA MAZUMDAR D/O NIRODH CHANDRA MAZUMDAR, I/C PRINCIPAL, MAHUR HIGHER SECONDARY SCHOOL, R/O- PRINCIPALS QUARTER, MAHUR H.S SCHOOL, DIST.- DIMA HASAO, ASSAM, PIN- 788830 VERSUS THE STATE OF ASSAM AND OTHRS REPRESENTED THROUGH THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM, DEPARTMENT OF SCHOOL EDUCATION SECONDARY EDUCATION, DISPUR, GHY, ASSAM, PIN 781006 2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GHY ASSAM PIN 781019 3:THE NORTH CACHAR HILLS AUTONOMOUS COUNCIL REPRESENTED BY ITS PRINCIPAL SECRETARY DIMA HASAO ASSAM 4:THE ADDITIONAL DIRECTOR OF EDUCATION (HILLS) ASSAM HAFLONG DIMA HASAO ASSAM 5:THE INSPECTOR OF SCHOOLS DIMA HASAO DISTRICT CIRCLE Page No.# 2/5 HAFLONG DIMA HASAO ASSA Advocate for the Petitioner : MR. S SUTRADHAR, MR. B PURKAYASTHA,MR. J P BARUAH Advocate for the Respondent : SC, SEC. EDU., SC, DIMA HASAO BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 13.07.2026 Heard Mr. B Purkayastha, learned counsel for the petitioner. Also heard Mr. U Sarma, learned Standing Counsel, Secondary Education Department for the respondents no. 1 & 2 and Mr. V Khusou, learned counsel appearing on behalf of Mr. RM Das, learned standing Counsel, Dima Hasao Autonomous Council for the respondent no.4. 2. The petitioner before this Court is presently serving as the In-charge Principal of Mahur Higher Secondary School, Dima Hasao. It is the submission of the learned counsel for the petitioner that for filling up the post of regular Principal, the procedure as prescribed under the Rule 12 of the Assam Secondary Education (Provincialised Schools) Service Rules, 2018 is required to be followed. It is submitted that as per Rule 12 of the said Rules, the process is to be filled up by direct recruitment through issuance of a public advertisement Page No.# 3/5 and candidates in the cadre of post graduate teachers serving in Senior Secondary or Higher Secondary Schools are eligible to apply for the post pursuant to such an advertisement as claimed by the petitioner. It is further submitted that at the time when the Department proceeded to fill up the post of regular Principal, instead of under taking the process by way of direct recruitment by publishing an advertisement, the Department had initiated to fill up the post by way of promotion. However, subsequently, an advertisement was issued on 27.11.2024. It is the submission of the learned counsel for the petitioner that had the initial process for filling up the post for regular Principal was initiated by the Dima Hasao authorities in terms of Rule 12 of the Rules, 2018, the petitioner would have been eligible in terms of the age prescription. However, since the initial process was wrongly initiated by the Dima Hasao authorities and subsequently, the process as prescribed under the Rules was initiated by publishing an advertisement dated 27.11.2024, the petitioner, by that time, had crossed the upper age limit prescribed under the Rule 12 (3) (v) of the Rules, 2018. It is submitted that although the petitioner had submitted her candidature, she has not received any response from the Department. It is also submitted that the appropriate Department in the Government is also considering the memorandum filed by the Assam Madhyamik Sikshak Aru Karmachari Sanstha (AMSKS) and the Higher Secondary Principal Forum, Page No.# 4/5 Assam, for relaxation of the upper age limit beyond 57 years. Learned counsel for the petitioner submits that since the matter is presently under consideration by the Department, the petitioner may be allowed to file a representation before the authorities ventilating her grievances regarding condonation of upper age limit of 57 years. Accordingly, learned counsel for the petitioner submits that the authorities may be directed to consider the claims of the petitioner and thereafter, pass appropriate order relaxing the upper age limit of the petitioner, thereby enabling her to present herself as a candidate eligible for the post of principal of the said school. It is submitted that the petitioner is presently holding the charge as the principal of the Mahur Higher Secondary School, Dima Hasao and satisfies all other eligibility criteria. 3. The Dima Hasao respondents have filed their affidavit stating that the process specified under Rule 12 of the Rules, 2018 has been undertaken by the authorities by publishing the advertisement dated 27.11.2024. Learned Standing Counsel, Dima Hasao submits that the selection process pursuant to the advertisement dated 27.11.2024 was undertaken by the Department, however, in deference to an order dated 14.11.2025 passed in WP(C) No.5932/2025, which is pending before the Coordinate Bench of this Court, the result has not been declared as on date although the selection is over. Page No.# 5/5 4. Similar submissions are made by the learned Standing Counsel, Secondary Education Department. 5. Considering the submissions made by the learned counsel for the parties, this Court is of the view that no specific order can be passed by this Court save and except to grant liberty to the petitioner to file a representation before the Authority/Department of School Education (Secondary Education), Government of Assam seeking condonation of the upper age limit. In respect of the selection process stated to have been undertaken pursuant to the advertisement dated 27.11.2024. If the respondent Department also undertakes any exercise for condonation of upper age limit in response to the memorandum submitted by the Assam Madhyamik Sikshak Aru Karmachari Sanstha (AMSKS) and the Higher Secondary Principal Forum, Assam, and if any order is passed thereon relaxing the upper age limit of the candidates which is 57 years then the authorities may also consider the case of the writ petitioner for grant of similar benefit. 6. With the above observation the writ petition stands closed and disposed of. JUDGE Comparing Assistant